Since the first opening in 2012, trampoline parks have sprung up across Australia and proved to be incredibly popular. While they can be a lot of fun, they have also resulted in a large number of injuries. A recent study found nearly 500 children were admitted to emergency departments across Queensland, NSW and Victoria between 2012-2017. Researchers say this is the tip of the iceberg as ignores adults, private health and GP led care.
In addition, the same report found there is no standard safety standard for trampoline park safety in Australia and as a result, some parks are much better or worse than others.
Unlike claiming for a car accident injury, the ability to make a claim for a trampoline park injury is more complex. With many activities there is an element of ‘assumed risk’ which the participant takes on when engaging in an activity. For example, if you play soccer then there is a risk you could get a soccer ball kicked into your face by accident. Trampoline park operators have a responsibility to put reasonable safety measures in place but these cannot remove all risks. In addition, trampoline parks put rules in place such as one person per trampoline. Violating these rules could make you liable for the injury rather than the park operator.
It’s standard practice for trampoline operators to get customers to sign a waiver before jumping. The wording typically asks the customer to assume the risks associated with jumping that may include serious injury or death. In addition, the document will typically state liability is waived even if the injury is due to negligence.
Signing a waiver may reduce your options to claim but operators are not allowed to waive a customer's rights to statutory consumer guarantees. As a result, there may be a claim if it can be proven that the injury was caused due to a lack of professional care and knowledge.
A wide range of injuries occur in trampoline parks including;
Common causes of the injuries include:
If a claim is possible then you will be able to claim for a number of thing including (but not limited to);
If you were over 18 then you have 3 years to make a claim. If under 18 then you have until your 21st birthday. However, as this is a more complex claim and will require evidence it is strongly advisable to seek legal advice as soon as possible. It may not be viable to collect sufficient evidence once a large amount of time has passed from the incident (CCTV, witness reports may not be available or reliable).
In summary, it’s best to seek expert legal advice as soon as possible to ensure you understand your rights and the required evidence to make a strong claim can be gathered. View time limit information article for more detail.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
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